In a surprising trademark battle, Atlanta entrepreneur Amanda Kinsey finds herself up against toy giant Mattel over the name of her BBQ business, “Amanda’s BarBeeQue.” What started as a heartfelt tribute to her grandmother has escalated into a legal dispute, as Mattel believes her brand name is too similar to their iconic Barbie brand. This situation highlights the challenges small business owners face, especially when navigating trademark filings without legal assistance.
The Story Behind “Amanda’s BarBeeQue”: Amanda Kinsey has been operating her BBQ business, “Amanda’s BarBeeQue,” since 2017, building a loyal following with her unique sauces and flavors in Atlanta. The name, as she explains, is more than just a clever play on words—it’s a tribute to her late grandmother, who had a special way of spelling “barbecue” as “BarBeeQue.” Kinsey’s grandmother’s memory also influenced her decision to use a pink color scheme, which represents breast cancer awareness after her grandmother’s passing from the disease.
For years, Kinsey ran her business without any issues related to her brand name. But in 2023, she decided to take the next step by formalizing her business identity and filing for a federal trademark. Like many small business owners, she opted to handle the filing herself without the assistance of an attorney, a decision that, unfortunately, led to unexpected challenges.
Filing Without Legal Assistance: Trademark filings can be tricky, especially without professional guidance. Kinsey’s decision to file her trademark application on her own is a common choice for small business owners looking to save costs. However, trademark law is full of nuances, and the process can be overwhelming, particularly when a global corporation steps in to challenge a filing.
Shortly after submitting her application, Kinsey received a 45-page notice of opposition from Mattel, the company behind the world-famous Barbie brand. Mattel argued that “Amanda’s BarBeeQue” was too similar to their established Barbie trademark and could cause confusion among consumers. The company’s opposition pointed to potential brand dilution, noting their expansion into food-related products and services like the Barbie Malibu Café.
Mattel’s Opposition to the Trademark: Mattel’s opposition likely stems from their obligation to defend the Barbie brand, which extends far beyond dolls to include a variety of products, services, and experiences. Mattel’s legal team argued that “BarBeeQue” could be confused with “Barbie,” particularly due to the similar pronunciation, and they cited concerns about brand dilution.
In their statement, Mattel emphasized, “From the Barbie Dreamhouse to the Barbie Malibu Café, the Barbie brand is expressed in myriad ways through products and experiences, from apparel to foods, and our trademark, which affords protection against names that have a similar pronunciation, helps us ensure we can continue to do so, now and into the future.”
Amanda Kinsey’s Response: For Kinsey, the opposition from Mattel came as a shock. She never expected that her small BBQ business could be seen as a threat to the Barbie brand. Kinsey explained that the name and spelling of “BarBeeQue” have deep personal significance, and her goal was never to infringe on the Barbie trademark.
“The spelling comes from my grandmother,” Kinsey told Atlanta News First. “BarBeeQue is how she spelled it. I don’t think her education went past the fifth grade.” The pink branding, meanwhile, was chosen to honor her grandmother’s battle with breast cancer, making the business even more sentimental for Kinsey.
Despite the legal challenge, Kinsey remains hopeful that a resolution can be found. She expressed a willingness to work with Mattel to find a compromise that allows her to keep the essence of her brand while respecting the concerns of the global company. “I really feel like we could work together. I’m not trying to steal any of their customers,” Kinsey said.
The Trademark Dilemma for Small Business Owners: Amanda Kinsey’s story underscores the difficulties small business owners can face when trying to protect their brand without legal guidance. Filing for a trademark without an attorney may seem like a cost-effective choice, but it can leave business owners vulnerable to legal challenges from much larger corporations. Trademark law is complex, and large companies like Mattel are obligated to defend their trademarks from even the slightest chance of confusion or dilution.
While Mattel has stated that they “proudly support entrepreneurs and inventors” and “wish [Kinsey] and her business great success,” they are also steadfast in defending the Barbie brand’s trademark. This opposition serves as a reminder of the importance of seeking legal counsel when filing for trademarks to avoid potential pitfalls.
What’s Next for Amanda’s BarBeeQue? As of now, Amanda Kinsey is hoping to find a resolution that allows her to continue honoring her grandmother’s legacy while operating her BBQ business. With the support of her local community and a newfound understanding of trademark law, she is exploring her options, which could include negotiating a settlement with Mattel or potentially rebranding her product.
In the meantime, Kinsey has asked for support from the community as she navigates this challenging situation. She remains optimistic that a solution can be reached, stating, “I’m a person that believes love and hate can’t coexist in the same place. And I really feel like we could work together.”
Lessons for Small Business Owners: This case offers valuable lessons for small business owners seeking to protect their brands. While handling trademark filings independently may seem like a way to cut costs, the complexities of trademark law and the potential for opposition from major corporations make it a risky endeavor. Consulting with a trademark attorney can help small businesses navigate the filing process, avoid conflicts with established brands, and secure the legal protections they need for their intellectual property.
